United Republic of Tanzania
National Human Rights
Action Plan
2013-2017
MINISTRY OF CONSTITUTIONAL AND LEGAL AFFAIRS
December 2013
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LIST OF ABBREVIATIONS
ACHPR-African Charter on Human and Peoples’ Rights
AGC-Attorney General’s Chambers
ARVs-Antiretroviral Drugs
ASDP-Agricultural Sector Development Programme
ATE-Association of Tanzania Employers
CAG- Controller and Auditor General
CEDAW- Convention on the Elimination of Discriminations against Women
CERD -Convention on the Elimination of All Forms of Racial Discrimination
CHRAGG- Commission for Human Rights and Good Governance
CRC-Convention on the Rights of the Child
CRPD- Convention on the Rights of Persons with Disabilities
CSOs-Civil Society Organisations
DPs-Development Partners
DPOs-Disabled People Organizations
DPP-Director of Public Prosecution
EMA- Environmental Management Act
ES-Ethics Secretariat
FANTA-Food and Nutrition Technical Assistance
FGM-Female Genital Mutilation
FVPO-First Vice President`s Office (Z)
FYDP- Five-Year Development Plan
GBV-Gender Based Violence
GEPF-Government Employees Provident Fund
GIPA-Greater Involvement of People Living with HIV
HoR-House of Representatives
HRBA-Human Rights Based Approach
ICCPR-International Covenant on Civil and Political Rights
ICESCR- International Covenant on Economic, Social and Cultural Rights
ICMW-International Convention on Migrant Workers
ICT-Information and Communication Technology
LAB-Labour Advisory Board (Z)
LAPF-Local Authorities Pensions Fund
LGAs-Local Government Authorities
LRC-Law Reform Commission
MANR-Ministry of Agriculture and Natural Resources (Z)
MCT-Media Council of Tanzania
MDAs- Ministries, Departments and Agencies
MDGs- Millennium Development Goals
MEVT-Ministry of Education and Vocational Training (Z)
MoFAIC-Ministry of Foreign Affairs and International Cooperation
MIC -Ministry of Infrastructure and Communication (Z)
MICTS- Ministry of Information, Cultural, Tourism and Sports (Z)
MKUKUTA-Mkakati wa Kukuza Uchumi na Kupunguza Umaskini Tanzania
MKUZA-Mkakati wa Kukuza Uchumi na Kupunguza Umaskini Zanzibar
MLEC-Ministry of Labour, Economic Empowerment and Cooperatives (Z)
MLF-Ministry of Livestock and Fishing (Z)
MLHWE -Ministry of Land, Housing, Water and Energy (Z)
MoA-Ministry of Agriculture (Z)
MoAFSC-Ministry of Agriculture, Food Security and Cooperatives
MoCDGC-Ministry of Community Development, Gender and Children
MoCLA- Ministry of Constitutional and Legal Affairs
MoCST-Ministry of Communication, Science and Technology
MoDNS-Ministry of Defence and National Services
MoEM-Ministry of Energy and Minerals
MoEVT-Ministry of Education and Vocational Training
MoFEA-Ministry of Finance and Economic Affairs
MoH-Ministry of Health (Z)
MoHA-Ministry of Home Affairs
MoHSW-Ministry of Health and Social Welfare
MoITM-Ministry of Industry, Trade and Marketing
MoIYCS- Ministry of Information, Youth, Culture and Sports
MoLE-Ministry of Labour and Employment
MoJCA-Ministry of Justice and Constitutional Affairs (Z)
MoLHHSD-Ministry of Lands, Housing and Human Settlement Development
MoNRT-Ministry of Natural Resources and Tourism
MoT-Ministry of Transport
MoW-Ministry of Works
MSD-Medical Stores Department
MSWYCWD- Ministry of Social Welfare, Youth, Children and Women Development
MTEFs-Medium Term Expenditure Frameworks
MTP-Medium Term Plans
NACP-National HIV/AIDS Control Programme
NCPWDs-National Council for Persons with Disabilities
NCW-National Consultative Workshop
NEC-National Electoral Commission
NEMC-National Environmental Management Council
NGOs-Non Governmental Organisations
NHIF-National Health Insurance Fund
NHRAP- National Human Rights Action Plan
NHRI-National Human Rights Institution
NLUPC-National Land Use Planning Commission
NSGRP-National Strategy for Growth and Reduction of Poverty
NSSF-National Social Security Fund
OCGS-Office of Chief Government Statistician (Z)
ODIHR-Office for Democratic Institutions and Human Rights
OHCHR-Office of the High Commissioner for Human Rights
OSCE- Organisation for Security and Cooperation in Europe
PCCB-Prevention and Combating of Corruption Bureau
PILPG- Public International Law and Policy Group
PLHIV-People Living with HIV
PMO-Prime Minister’s Office
PMO-RALG-Prime Minister’s Office, Regional Administration and Local Government
POFEDP-President’s Office, Finance, Economy and Development Planning (Z)
POGGU-President’s Office, Good Governance Unit
POMSRC-President’s Office, Ministry of State and Revolutionary Council (Z) POPSGG - President’s Office, Public Service and Good Governance (Z)
PPF-Parastatal Pension Fund
PPRA-Public Procurement Regulatory Authority
PRS-Poverty Reduction Strategy
PSPF-Public Service Pension Fund
PWDs- Persons with Disabilities
REA-Rural Energy Agency
RITA-Registration, Insolvency and Trusteeship Agency
SIDO-Small Industries Development Organisation
SMEs-Small and Medium Enterprises
SMZ-Serikali ya Mapinduzi ya Zanzibar
SSRA-Social Security Regulatory Authority
SVPO-Second Vice President Office (Z)
TACAIDS-Tanzania Commission for AIDS
TANESCO-Tanzania Electric Supply Company Ltd
TASAF-Tanzania Social Action Fund
TAWJA-Tanzania Women Judges Association
TCRA-Tanzania Communications Regulatory Authority
TFPN-Tanzania Female Police Network
TLS- Tanganyika Law Society
TPDF- Tanzania People’s Defence Force
TPF- Tanzania Police Force
TPS-Tanzania Prisons Service
TUCTA-Trade Union Congress of Tanzania
TWCP-Tanzania Women Cross-Party Platform
TWPG-Tanzania Women Parliamentary Group
UDHR-Universal Declaration of Human Rights
UN-United Nations
UNDP-United Nations Development Programme
UNHCR-United Nations High Commissioner for Refugees
UPR- Universal Periodic Review
VDPA-Vienna Declaration and Programme of Action
VETA-Vocational Education Training Authority
VPO-Vice President’s Office
ZAC-Zanzibar Aids Commission
ZACP-Zanzibar Aids Control Program
ZAFELA-Zanzibar Female Lawyer Association
ZANEMA-Zanzibar Employers Associations
ZANGOC-Zanzibar NGO’s Cluster
ZAPHA+- Zanzibar Association of People Living with HIV/AIDS
ZATUC-Zanzibar Trade Union Congress
ZAWA-Zanzibar Water Authority
ZIPA-Zanzibar Investment Promotion Authority
ZLS- Zanzibar Law Society
ZMC- Zanzibar Municipal Council
TABLE OF CONTENTS
LIST OF ABBREVIATIONS
TABLE OF CONTENTS
Preface
Executive Summary
PART 1 1
Chapter 1: Introduction and Background
1.1.1. Introduction
1.1.2. National Human Rights Context
1.1.3. Developing Tanzania’s National Human Rights Action Plan
1.1.4. Goals of the NHRAP
1.1.5. Objectives of the NHRAP
Chapter 2: Framework for Protection of Human Rights
1.2.1. Measures to Strengthen the Protection of Human Rights and Democratic Principles
1.2.2. NHRAP as a Vehicle for Further Protection of Human Rights
1.2.3. Linkage between NHRAP and Development Plans
1.2.4. Subject Issues Addressed by the NHRAP
PART 2
Chapter 1: Civil and Political Rights
2.1.1. Right to Life
2.1.2. Access to Justice, Fair Trial, and Equality before the Law
2.1.3. Freedom of Opinion, Expression, and Information
2.1.4. Freedom of Assembly
2.1.5. Right to Liberty and Security of Person
Chapter 2: Economic, Social and Cultural Rights
2.2.1. Right to Own Property and to Access Land
2.2.2. Right to Education
2.2.3. Right to Adequate Standard of Living and Right to Food
2.2.4. Right to Clean and Safe Water and Sanitation
2.2.5. Right to Work
2.2.6. Right to Highest Attainable Standard of Physical and Mental Health
2.2.8. Right to Social Security
Chapter 3: Groups with Special Needs
2.3.1. Women
2.3.2. Children
2.3.3. Children in Conflict with the Law
2.3.4. Persons with Disabilities
2.3.5. Elderly Persons
2.3.6. Persons Living with HIV
2.3.7. Rights of Prisoners
2.3.8. Rights of Refugees, Asylum-seekers and Stateless Persons
Chapter 4: Institutional Strengthening, Emerging Issues and Mechanisms for Implementation of Treaty Obligations
2.4.1. Institutional Strengthening of CHRAGG and AGC
2.4.2. Human Rights and Business Sector
2.4.3 Implementation and Monitoring of the International Human Rights Treaties
PART 3
Chapter 1: Implementation and Monitoring of the NHRAP
3.1.1. Introduction
3.1.2. Implementation of NHRAP
3.1.3. Coordination
3.1.4. Monitoring and Evaluation
3.1.5. Potential Challenges in the Implementation of the NHRAP
3.1.6. Essential Principles to Overcome Challenges
PART 4
National Human Rights Action Plan Matrix
Chapter 1: Civil and Political Rights
4.1.1. Right to Life
4.1.2. Access to Justice, Fair Trial, and Equality before the Law
4.1.3. Freedom of Opinion, Expression and Information
Chapter 2: Economic, Social, and Cultural Rights
4.2.1. Right to Own Property and to Access Land
4.2.2. Right to Education
4.2.3. Right to Adequate Standard of Living and Right to Food
4.2.4. Right to Clean and Safe Water and Sanitation
4.2.5. Right to Work
4.2.6. Right to Adequate Standard of Physical and Mental Health
4.2.7. Right to Live in Safe and Clean Environment
4.2.8. Right to Social Security
Chapter 3: Groups with Special Needs
4.3.1. Women
4.3.2. Children
4.3.3. Children in Conflict with the Law
4.3.4. Persons with Disabilities
4.3.5. Elderly Persons
4.3.6. Persons Living with HIV
4.3.7. Rights of Prisoners
4.3.8. Rights of Refugees, Asylum-Seekers and Stateless Persons
Chapter 4: Institutional Strengthening and Human Rights and Business
4.4.1. Institutional Strengthening of CHRAGG and AGC
4.4.2. Human Rights and Business
APPENDIX 145
List of the National Coordinating Committee Who participated in the Development of the National Human Right Action Plan 145
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Preface
The Ministry of Constitutional and Legal Affairs is pleased to put forward the Government of the United Republic of Tanzania’s National Human Rights Action Plan (NHRAP). Since the formation of the Union, the Government of Tanzania has committed itself to the protection and promotion of human rights as defined by the Constitution of the United Republic of Tanzania of 1977 as amended from time to time the Constitution of Zanzibar of 1984 as amended until 2010, the Universal Declaration of Human Rights of 1948, and other regional and international instruments. In this regard, it created various institutions and bodies to protect and promote human rights, including the Commission for Human Rights and Good Governance (CHRAGG) which is the National Human Rights Institution created under the Constitution, but it lacked a homogenous and comprehensive approach to human rights. This NHRAP now sets a platform for a comprehensive approach. It demonstrates Tanzania’s commitment to its international human rights obligations and the desire of the Government to improve the respect, protection, and fulfilment of human rights in Tanzania.
In preparing this National Human Rights Action Plan the Government used pertinent recommendations and concluding observations of the UN Human Rights Treaty Bodies and commitments made by the Government in the Universal Periodic Review (UPR) of the United Nations Human Rights Council. The Government remains committed to fulfil its international and national obligations, including educating and empowering people on human rights issues to make them a reality in Tanzania.
The NHRAP was formulated through a participatory process that involved various stakeholders. Consultations and discussions were held at the district, regional and national levels, whereby representatives of government institutions, civil society organisations and professionals were consulted. The National Coordination Committee, which carried out the process, was formulated in such a way to include various segments of society. The Ministry would like to thank all of those who participated in the process of formulating this National Human Rights Action Plan.
We are extremely grateful to all those who shared their ideas, gave feedback, and recommendations, which have helped to ensure that this NHRAP takes its present format and shape. Indeed, the NHRAP reflects the overarching needs and priorities of majority of people in Tanzania Mainland and Zanzibar.
The Ministry would also like to thank all stakeholders who have participated in the validation of this NHRAP, as well as the UN System in Tanzania for its financial and technical assistance in formulating this NHRAP. We would also like to acknowledge the contributions made by Public International Law and Policy Group (PILPG) for rendering technical assistance. Finally, we would also like to thank all members of the Coordination Committee for working hard to ensure that the Action Plan is prepared.
The Ministry understands that the Government will face significant challenges in implementing the NHRAP, including lack of sufficient resources to support the Plan’s implementation. We hope that all public and private sectors will assist in implementing the Action Plan for the betterment of the lives of the people of Tanzania.
It is our hope that through joint efforts between the Government, the Commission for Human Rights and Good Governance, civil societies, business actors, and the international community we shall be able to overcome these challenges in order to achieve a just, democratic, and developed society where all human rights are respected, protected and promoted.
Mathias Meinrad Chikawe (MP)
Minister for Constitutional and Legal Affairs
Executive Summary
The United Republic of Tanzania’s National Human Rights Action Plan (NHRAP) reflects the Government’s commitment to the protection and promotion of human rights. The NHRAP responds to the recommendation of the 1993 Vienna Declaration and Programme of Action, which urged on all states to consider the development of a national action plan to promote and protect human rights. Its goals are to strengthen the respect, protection, promotion and fulfilment of inalienable human rights provided by the Constitution of the United Republic of Tanzania and the Constitution of Zanzibar, and to guarantee human rights according to international agreements entered into by the state.
The NHRAP was developed through a consultative process that began in October 2008. The Ministry of Constitutional and Legal Affairs, along with a Coordination Committee comprised of representatives of the Government, the Commission for Human Rights and Good Governance, the United Nations, academia and civil society from Tanzania Mainland and Zanzibar, led the drafting process.[1] To produce the draft NHRAP, the Coordination Committee conducted a comprehensive evaluation of human rights in Tanzania through extensive document review, public consultations, and field research. The evaluation provided the basis for the Background Report which is a baseline assessment of human rights situation in Tanzania. The findings and recommendations of the Background Report served as the basis for the NHRAP. To promote public support for the document and to solicit public input, the draft NHRAP was shared with stakeholders for their review and comments. These comments were incorporated into the draft before its submission to the Cabinet for approval.
The NHRAP recognizes that the protection and promotion of human rights is not limited to a single topic, sector, or government ministries, departments or agency. The plan identifies twenty-three human rights issues, arranged in four thematic headings, as priorities for improving coordination and protection through Tanzania. Within civil and political rights, the NHRAP addresses the right to life; access to justice, fair trial and equality before the law; freedom of opinion, expression, and information; freedom of assembly; and the right to liberty and security of person. Within economic, social and cultural rights, the NHRAP addresses the right to property and access to land; the right to education; the right to an adequate standard of living, including the right to food; the right to clean and safe water; the right to work; the right to the highest attainable standard of physical and mental health; the right to live in a safe and clean environment; and the right to social security. The NHRAP also provides protections for groups with special needs, including women, children, children in conflict with the law, persons with disabilities, the elderly, and persons living with HIV, refugees, asylum-seekers and stateless persons. Finally, the NHRAP addresses institutional strengthening and emerging issues, including the institutional strengthening of CHRAGG and AGC and the promotion and protection of human rights in business.
The NHRAP strengthens a Human Rights Based Approach (HRBA) in existing national policies and strategies, including MKUKUTA, MKUZA, the MDGs, Vision 2025, Five Year Development Plan spanning from 2011/12 to 2015/2016, and existing action plans of other Ministerial Departments and Agencies (MDAs). The NHRAP should inform activities and implementation efforts under these plans in order to maximize the impact of their efforts in promoting human rights. In addition, the present plan has identified additional and specific normative, legislative, institutional, and educational measures, which should be costed by concerned MDAs and included in national budget processes. The NHRAP calls upon Development Partners to support implementation efforts.
Furthermore, the Plan establishes a comprehensive system for implementation, monitoring and evaluation. This system would facilitate not only implementation of the present Plan, but reporting obligations to Human Rights Treaty Bodies, the Universal Periodic Review, and other international and regional systems. Along this plan, there will be a Monitoring and Evaluation Framework.
To coordinate and monitor these efforts, the NHRAP vests responsibility to the Commission for Human Rights and Good Governance (CHRAGG). It also envisaged that CHRAGG will establish a Monitoring and Evaluation Committee to help the Commission in managing activities relating to the Action Plan. Among other things, the Committee will prepare progress reports on the implementation process after three years and a final report after five years. To encourage transparency and objectivity in evaluating the implementation of the NHRAP, Civil Society will be highly engaged in the monitoring process.
To promote uninterrupted implementation, the NHRAP establishes guiding principles to overcome potential problems and challenges. These principles include effective partnership between the Government and Civil Society; sufficient coordination and mutual support among relevant actors; high-level political support; an adequate commitment of resources; effective dissemination of the NHRAP as a public document; and long-term efforts in the areas of education, training and awareness raising, institutional strengthening, and institution capacity building; and regular monitoring of progress and mechanisms for evaluation of the Plan’s achievement.
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PART 1
Chapter 1: Introduction and Background
1.1.1. Introduction
The National Human Rights Action Plan (NHRAP) is the first holistic plan addressing human rights in the history of the United Republic of Tanzania. It aims to strengthen the national system of human rights protection and promotion through specific actions and activities.